21 year old son lives at home going to college but has his own car in his own name

UPDATED: Oct 1, 2022

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21 year old son lives at home going to college but has his own car in his own name

My son who works part-time but goes to school full-time and lives at home just bought his own car. Up until now, he’s been on our insurance where we have high liability limits plus an umbrella policy. Now that the vehicle is in his name, is there still potential for liability if he is in an at-fault accident in his vehicle? Do we still have to keep him on our policy as a part-time driver so that he’s covered if he drives one of our vehicles? If we was in an accident in one of our vehicles and we no longer had him listed on the policy, his minimum limits of liability on his policy would kick in first, but then what if they came after us? Would we be liable because the car is in our name? And, if so, would our insurance pay even though he was no longer on the policy but still living in the same household?

Asked on February 25, 2018 under Accident Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Basically what you are asking about is known as "stacking" insurance policies in a household.  That means that when an accident occurs some or all of the policies in the household could be triggered to pay.  You need to look at your policies themselves becuase some have clauses that prohibit stacking.  But for your purposes understand that it could occur.  It depends on the facts.  I would contact your insurance agent and discuss this all with him or her.  You should know how your policies read.  Good luck.  

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